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(영문) 수원지방법원 2016.06.02 2015고단3804

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the business of selling, managing, and managing earnings from August 2013 to June 23, 2015.

On April 27, 2015, the Defendant embezzled cash proceeds of KRW 470,20,00 generated from the beauty art room above the same day for personal debt repayment, etc. around that time while he/she kept in business for the victim F, G, H, and I. From that time until June 23, 2015, the Defendant embezzled cash proceeds of KRW 23,521,30 collected from the beauty art room managed by the Defendant over 212 times, as shown in the list of crimes in the attached Table of Crimes, for personal debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [the types of decisions] Embezzlement Embezzlement Embezzlement Embezzlement Embezzlement Embezzlement Offense, Type 1 (less than KRW 100 million) [Special Sentencing Sentencing ): Reduction of punishment sources [the areas of recommendations and recommendations] Reduction Areas, Imprisonment with labor for -10 months;

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution one year, community service work for eight hours, and the defendant voluntarily consumed money of twenty-three million won while taking charge of the collection of money;

It is necessary to severe punishment in that it has been absent for a long time in the trial process.

On the other hand, there is no record of criminal punishment other than punishment and fine.

In addition, it is also recognized that the agreement has been reached with the victims.

The above circumstances and other records, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the instant case.